2007-09-04 Regular CC Meeting
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 4, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 6:00 P.M.
1. Call to order.
2. Invocation: Chaplain of the Month
3. Discuss all items on tonight's meeting agenda. No action will be taken and each item will
be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or immediately following the work session
I. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076,
551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto
and incorporated herein. Executive Session may be held, under these
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the City Council to seek advice from the City
Attorney as to the posted subject matter of this City Council meeting.
1. Section 551.071: Consultation with the city attorney
a. Seek advice of the city attorney regarding changes to Local
Government Code, Section 176, and effects on Code of Ethics.
b. Seek advice of the city attorney regarding the solicitation
ordinance.
2. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation for Polycystic Kidney Disease Awareness Month
2. Recognition of Carroll Senior High School's Pilot Production of Phantom
of the Opera
B. City Manager's Report
C. Local Business Report
City of Southlake values:
Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 2 of 7
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no separate discussion of items unless a Councilmember or citizen so
requests, in which event the item will be removed from the general order of business and
considered in its normal sequence.
4. Consent:
A. Approve the minutes from the August 14, 2007, special meeting with the City
Council and the August 21, 2007, regular City Council meeting.
B. Ordinance No. 913, 1" Reading, Affecting participation of city employees in the
Texas Municipal Retirement System (TMRS), granting the additional rights
authorized by Section 854.202(g) of Title 8, Texas Government Code adopting
a 20-year / any age service retirement option; and prescribing an effective date.
(If approved on first reading, the public hearing will be held on September 18,
2007.)
C. This item was intentionally left blank.
D. Ordinance No. 480-530, 1" Reading (ZA07-080), Zoning Change and Concept
Plan for 1090 Primrose Lane on property being legally described as Tract 2C2,
A.H. Chivers Survey, Abstract No. 299, and being located at 1090 Primrose Lane.
Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single
Family Residential District. SPIN Neighborhood #5. (If approved on first reading,
the public hearing will be held September 18, 2007.)
E. Ordinance No. 480-LLL, 2°d Reading, An amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2
Single Family Residential Zoning District. THIS ITEM HAS BEEN TABLED
TO THE SEPTEMBER 18, 2007, REGULAR CITY COUNCIL MEETING.
F. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart located
at 200 Village Center Drive. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE OCTOBER 2, 2007 REGULAR CITY
COUNCIL MEETING.
REGULAR AGENDA
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 3 of 7
A. Approve the Southlake Crime Control and Prevention District FY 2008 Operating
Budget and multi-year CIP. PUBLIC HEARING
B. Ordinance No. 915, 1" Reading, Annual budget for FY 2008 and revised budget
figures for FY 2007 and multi-year CIP. FIRST PUBLIC HEARING
C. Ordinance No. 916, 1St Reading, Tax levy ordinance. FIRST PUBLIC
HEARING
D. Ordinance No. 480-529, 2°d Reading (ZA07-070), ORIGINAL REQUEST AS
ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on
property being legally described as Tracts 1 B 1 A 1 and 1 B 1 A, T. J. Thompson
Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition and
being located at 2100 West Continental Boulevard, 2020 West Continental
Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF-30 Single
Family Residential District, AG Agricultural District, and S-P-1 Detailed Site
Plan District. Requested Zoning: SF-20A Single Family Residential
District. AMENDED REQUEST: Zoning Change and Concept Plan for
Woodbury Addition on property being legally described as Tracts 1B1A1 and
1 B 1 A, T.J. Thompson Survey, Abstract No. 1502 and being located at 2020 West
Continental Boulevard and 2030 West Continental Boulevard. Current Zoning:
AG Agricultural District and S-P-1 Detailed Site Plan District. Requested Zoning:
SF-20A Single Family Residential District. SPIN Neighborhood #16. PUBLIC
HEARING
E. ZA07-071, Preliminary Plat for Woodbury Addition on property being legally
described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1B1A1 and 1B1A,
T.J. Thompson Survey, Abstract No. 1502; located at 2100, 2020, and 2030 West
Continental Boulevard. Current Zoning: SF-30 Single Family Residential District,
AG Agricultural District, S-P-1 Detailed Site Plan District. Proposed Zoning: SF-
20A Single Family Residential District. SPIN Neighborhood #16.
F. Ordinance No. 912, 2°d Reading, Call a special election for November 6, 2007, for
the purpose of amending the City Charter. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-QQQ, 1St Reading, Miscellaneous Amendments to the
Comprehensive Zoning Ordinance 480, as amended, relating to Accessory
Structure Standards in Residential Zoning Districts. (If approved on first reading,
the public hearing will be held September 18, 2007.)
B. Ordinance No. 480-531, 1" Reading (07-085), Zoning Change and Concept Plan
for Shady Oaks being approximately 96.3 acres located on the west side of the
800 - 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200
City of Southlake values:
Integrity ♦ Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 4 of 7
blocks of North Peytonville Avenue, specifically including properties located at
820, 910, 1020 Shady Oaks Drive and 985, 1005, and 1125 North Peytonville
Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A
Single Family Residential District. SPIN Neighborhood #13. (If approved on first
reading, the public hearing will be held September 18, 2007.)
C. Ordinance No. 480-476a, 1St Reading (ZA07-097), Zoning Change and Concept
Plan for South Village at Watermere on property being legally described as Tracts
4F, 4F1, 5A1B, 6A1, and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen
Survey, Abstract No. 18, and being located at 2271 Union Church Road, 2811
West Southlake Boulevard, 2809 West Southlake Boulevard, 2815 West
Southlake Boulevard, 2801 West Southlake Boulevard, 2477 Union Church Road,
and 2451 Union Church Road. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15.
(If approved on first reading, the public hearing will be held September 18, 2007.)
D. Ordinance No. 480-532, 1" Reading (ZA07-098), Zoning Change and
Development Plan for South Village at Watermere on property being legally
described as Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen
Survey, Abstract No. 18, located at 2271 Union Church Road and 2451 Union
Church Road. Current Zoning: AG Agricultural District. Requested Zoning: R-
PUD Residential Planned Unit Development District. SPIN Neighborhood #15.
(If approved on first reading, the public hearing will be held September 18, 2007.)
E. Ordinance No. 480-492, 1" Reading (ZA06-045), Zoning Change for a portion of
Lot 1, Block 1, Arnold Estates, situated at 1275 Shady Oaks Drive with access
through 520 West Highland Street. Current Zoning: RE Single Family Residential
Estate District. Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #11. (If approved on first reading, the public hearing will be
held on September 18, 2007.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SP07-275, Variance to the Gateway Plaza Phase II (Wyndham Plaza)
Conditional Sign Permit for Michael Anthony's, located at 2750 East Southlake
Boulevard, Suite 140.
B. Approve a Residential Developer Agreement for SaddleBack Ridge located
northwest of the intersection of North White Chapel Road and East Bob Jones
Road.
10. Other items for discussion: (There are no items on this agenda.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 5 of 7
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Friday, August 31, 2007, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
+ai®ICt9JMPpp'~~
A4
%
Lori Payne, T C ; •
City Secretary v
%
If you plan to attend this pu*•rriei'tgq,~71 have a disability that requires special needs, please
advise the City Secretary's dMee" hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake values:
Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 6 of 7
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City Council
seeks the advice of its attorney concerning any item on this agenda, about pending and
contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board
of Texas clearly conflicts with Chapter 551. This includes the following pending and/or
contemplated litigation subjects:
1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor
Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife,
Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
2. Teresa Dreyer v. City of Southlake. September 2006.
3. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities,
Inc., aka Barson Utilities. December 2006.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers, including the City Manager, City Secretary, City
Attorney, Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in or near the
city and which the City is conducting economic development negotiations; or to deliberate the
offer of a financial or other incentive to a business prospect as described above.
City of Southlake values:
Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2007
Page 7 of 7
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing, investigating, or
responding to an act of terrorism or related criminal activity and involving emergency response
providers, their staffing, contact information and tactical plans; 2) that relates to the risk or
vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates
to the assembly of an explosive weapon, the location of a material that may be used in a
chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or
devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related report to
an agency of the United States; 6) that relates to technical details of particular vulnerabilities of
critical infrastructure to an act of terrorism; 7) that relates to information regarding security
measures or security systems intended to protect public and private property from an act of
terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed
meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety and/or
security of pipeline infrastructures or facilities when those plans or discussions contain such
sensitive information.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
OFFICLoU
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 4 ,2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris,
Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory
Jones (arrived at 5:17 p. m.), Vernon Stansell and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public
Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations Officer Pilar
Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam
Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services
Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman,
Director of Planning and Development Services Ken Baker, Chief Planner Jay Narayana,
Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City
Attorney Tim Sralla, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:13 p.m.
Agenda Item No. 2. Invocation. Chaplain David Whitington gave the invocation. Mayor
Wambsganss led the Pledge of Allegiance.
Agenda Item No. 3. Discuss all items on tonight's meeting agenda. City Council reviewed the
consent agenda items with city staff. Items 6D and 6E to table to the October 16, 2007, regular
City Council meeting, and item 7A to table to the September 25, 2007, special City Council
meeting were added to the consent agenda. The work session ended at 5:23 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:23 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code Section 551.071,
consultation with the city attorney, and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 5:24 p.m. Executive
Session began at 5:40 p.m. and ended at 6:30 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 1 of 8
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:39
p.m. and asked if any action was necessary from Executive Session. No action was necessary.
Mayor Wambsganss announced Council would hold the report section of the agenda and public
forum until later in the meeting.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 4A. Approve the minutes from the August 14, 2007, special meeting with the
City Council and the August 21, 2007, regular City Council meeting. A presentation was not
made on this item.
Agenda Item No. 4B. Ordinance No 913, 1St Reading Affecting participation of city employ
in the Texas Municipal Retirement System TMRS), ranting the additional rights authorized by
Section 854.202(8) of Title 8 Texas Government Code adopting a 20-year / any age service
retirement option; and prescribing an effective date. A presentation was not made on this item.
Agenda Item No. 4C. This item was intentionallv left blank
Agenda Item No. 4D. Ordinance No. 480-530 1St Reading (ZA07-080), Zoning Change and
Concept Plan for 1090 Primrose Lane on property being legally described as Tract 2C2 A H
Chivers Survey, Abstract No. 299, and being located at 1090 Primrose Lane Current Zoning:
AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District SPIN
Neighborhood #5. A presentation was not made on this item.
Agenda Item No. 4E. Ordinance No. 480-LLL 2nd Reading An amendment to the
Comprehensive Zoning Ordinance No 480, as amended as it pertains to the creation of the SF-2
Single Family Residential Zoning District. This item has been tabled to the September 18, 2007,
regular City Council meeting.
Agenda Item No. 4F. Consider SP07-232, Variance to Sign Ordinance No 704-C for Petsmart
located at 200 Village Center Drive. The applicant requested to table this item to the October 2,
2007, regular City Council meeting.
Agenda Item No. 6D. Ordinance No. 480-529 2nd Reading (ZA07-070) ORIGINAL REQUEST
AS ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on property bdg
legally described as Tracts 1 B l A 1 and 1 B 1 A T J Thompson Survey Abstract No 1502 and
Lot 1, T.J. Thompson No. 1502 Addition and being located at 2100 West Continental Boulevard
2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF-
30 Single Family Residential District, AG Agricultural District and S-P-1 Detailed Site Plan
District. Requested Zoning: SF-20A Single Family Residential District. AMENDED REQUEST:
Zoning Change and Concept Plan for Woodbury Addition on property being legally described as
Tracts 1 B 1 Al and 1 B 1 A, T.J. Thompson Survey Abstract No. 1502 and being located at 2020
West Continental Boulevard and 2030 West Continental Boulevard. Current Zoning_ AG
Agricultural District and S-P-1 Detailed Site Plan District. Requested Zoning: SF-20A Single
REGULAR CITYCOUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 2 of 8
Family Residential District. SPIN Neighborhood #16. The applicant requested to table this item
to the October 16, 2007, regular City Council meeting.
Agenda Item No. 6E. ZA07-071, Preliminary Plat for Woodbury Addition on property being
legally described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1B1A1 and 1BIA T.J.
Thompson Survey, Abstract No. 1502; located at 2100, 2020, and 2030 West Continental
Boulevard. Current Zoning: SF-30 Single Family Residential District, AG Agricultural District
S-P-1 Detailed Site Plan District. Proposed Zoning: SF-20A Single Family Residential District.
SPIN Neighborhood #16. The applicant requested to table this item to the October 16, 2007,
regular City Council meeting.
Agenda Item No. 7A. Ordinance No. 480-QQQ, 1St Reading, Miscellaneous Amendments to the
Comprehensive Zoning Ordinance 480, as amended, relating to Accessory Structure Standards in
Residential Zoning Districts. Director Baker presented this item to Council during the work
session. This item was tabled to the September 25, 2007, special City Council meeting.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D subject to Concept Plan
Review Summary No. 2, dated August 17, 2007; 4E to table to the September 18, 2007, City
Council meeting; 4F to table to the October 2, 2007, City Council meeting; 6D to table to the
October 16, 2007, City Council meeting; 6E to table to the October 16, 2007, City Council
meeting; and 7A to table to the September 25, 2007, special City Council meeting.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 7E. Ordinance No. 480-492, 1" Reading (ZA06-045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates, situated at 1275 Shady Oaks Drive with access
through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate
District. Requested Zoning SF-IA Single Family Residential District. SPIN Neighborhood #11.
A presentation was not made on this item.
Motion was made to table Ordinance No. 480-492, 1" Reading (ZA06-045), Zoning Change for
a portion of Lot 1, Block 1, Arnold Estates, to the September 18, 2007, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6A. Approve the Southlake Crime Control and Prevention District FY 2008
Operating Budget and multi-year CIP. Assistant City Manager Blagg presented this item to
Council.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 3 of 8
No one spoke during the public hearing.
Motion was made to approve the Southlake Crime Control and Prevention District FY 2008
Operating Budget and multi-year CIP.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Ordinance No. 915, 1St Reading, Annual budget for FY 2008 and revised
budget figures for FY 2007 and multi-year CIP. Director Jackson presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 915, 1St Reading, Annual budget for FY 2008 and
revised budget figures for FY 2007 and multi-year CIP.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6C. Ordinance No. 916, 1St Reading, Tax levy ordinance. There was not a
presentation on this item.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 916, 1St Reading, Tax levy ordinance and to move
that property taxes be increased by the adoption of a tax rate of .462.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6F. Ordinance No. 912, 2°d Reading, Call a special election for November 6,
2007, for the purpose of amending the City Charter. City Manager Yelverton presented this item
to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL
ELECTION FOR NOVEMBER 6, 2007, FOR THE PURPOSE OF AMENDING THE CITY
CHARTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 4 of 8
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 912, 2°d Reading, Call a special election for
November 6, 2007, for the purpose of amending the City Charter.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss announced Council would now hear the reports and the public forum.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3A2. Recognition of Carroll Senior High School's Pilot Production of Phantom
of the Opera. Mayor Wambsganss recognized Carroll Senior High School and introduced Stacie
Martinson, Co-Director of the Drama Department, who introduced the students who were
selected for the play.
Agenda Item No. 3A1. Proclamation for Polycystic Kidney Disease Awareness Month. Mayor
Wambsganss read the proclamation recognizing Polycystic Kidney Disease Awareness month
and presented the proclamation to Jamie Cadiz and Scott Clarke.
Mayor Pro Tem Morris recognized Scott Clarke for the donation of a kidney to her daughter,
Jamie, and reminded everyone of the upcoming PKD Walk on September 15, 2007.
Agenda Item No. 3B. City Manager's Report. No report was given.
Agenda Item No. 3C. Local Business Report. Heather Simeral, General Manager, from
Coalvine's Restaurant introduced her business to Council.
Agenda Item No. 5. Public Forum. No one spoke.
Agenda Item No. 7B. Ordinance No. 480-531, 1st Reading (07-085), Zoning Chan
Concept Plan for Shady Oaks being approximately 96.3 acres located on the west side of the 800
- 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of North
Peytonville Avenue, specifically including properties located at 820, 910, 1020 Shady Oaks
Drive and 985, 1005, and 1125 North Peytonville Avenue. Current Zoning: AG Agricultural
District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood
413. Director Baker presented this item to Council. Applicants Kosse Maykus and Paul Spain
made a presentation and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 5 of 8
Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to
record their support:
C. Morgan Jones, 513 Coyote Road, Southlake, Texas;
Leslie and Louis Morris, 1030 Primrose Lane, Southlake, Texas;
Debbie and Tim Mullikin, 2225 North White Chapel Boulevard, Southlake, Texas; and,
Mary and Paul Soulier, 1005 Carroll Meadows Court, Southlake, Texas.
Mayor Wambsganss allowed the public to speak.
Larry Lee, 613 Silver Spur Drive, Southlake, Texas, spoke in support of this item.
Kim Heitman, 475 East Dove Road, Southlake, Texas, spoke in support of this item.
Motion was made to approve Ordinance No. 480-531, 1St Reading (ZA07-085), Zoning Change
and Concept Plan for Shady Oaks noting that applicant has agreed to tie in sidewalks on the
exterior part of the property as presented this evening; noting that applicant will build stone walls
around the subdivision as presented this evening; noting that the wall on either side of street `A'
at Lot 17, Block 1 and Lot 1, Block 6, will transition in height and the applicant will have a plan
for the wall by the 2nd reading; City Council's approval is subject to the quality design features
and other representations as presented by the applicant this evening; the interior fencing will be
permanent wrought iron; requiring the open wrought iron fencing along the north property line;
requiring the spine road to be constructed through to Peytonville Avenue at the same time as
construction of Phase 2; requiring the streets to be made of concrete; requiring that by 2nd
reading, the applicant will find a solution to the fencing in back of Lots 5, 6, and 7, Block 7, and
all similar lots with the same issues; requiring that by 2nd reading, staff will work with the
applicant and with Council on a developer's agreement; granting the requested variances
regarding the 40' right-of-way instead of the 50', requiring the collector streets to remain a
minimum of 60' right-of-way but granting a variance to the collector road standards regarding
the radius, allowing a minimum of 20' side yard setbacks adjacent to the street rather than 35',
and granting relief from the 125' width requirements on Lots 5, 6, 8, 10, Block 1, and Lots 3, 11,
12, Block 3; subject to the recommendations of the Planning and Zoning Commission; and
subject to Concept Plan Review Summary No. 3, dated August 17, 2007.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 8:53 p.m. and reconvened the meeting at 9:15 p.m.
Agenda Item No. 7D. Ordinance No. 480-532, 1St Reading (ZA07-098 , Zoning hange and
Development Plan for South Village at Watermere on property being legally described as Tract
4C and 6A2 and a portion of Tracts 4D and 6A J.G. Allen Survey, Abstract No. 18, located at
2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural
District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood 415. Director Baker presented this item in conjunction with item 7C. Applicant
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 6 of 8
Rick Simmons made a presentation and answered Council's questions. Engineer Joseph Reue
answered Council's questions.
Motion was made to approve Ordinance No. 480-532, 1St Reading (ZA07-098), Zoning Change
and Development Plan for South Village at Watermere specifically noting the applicant's
agreement to match the side of all buildings with 85% masonry; requiring the rear elevations of
those buildings to be as presented this evening; requiring the age restriction of 55 years of age as
noted by the applicant; subject to representations made by the applicant in tonight's presentation;
requiring the applicant to show renderings of parking areas by the tennis courts by the 2nd
reading; requiring more information and visuals of the open space lot on Union Church Road and
of the proposed gates by the 2nd Reading; granting the requested variance; including the
applicant's agreement to plant four trees per lot; subject to the recommendations of the Planning
and Zoning Commission; and subject to the Revised Development Plan Review Summary No. 1,
dated August 17, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 6-1
Agenda Item No. 7C. Ordinance No. 480-476a, 1St Reading_(ZA07-097), Zoning Change and
Concept Plan for South Village at Watermere on property being legally described as Tracts 4F,
4F1, 5A1B, 6A1, and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen Survey, Abstract
No. 18, and being located at 2271 Union Church Road, 2811 West Southlake Boulevard, 2809
West Southlake Boulevard, 2815 West Southlake Boulevard, 2801 West Southlake Boulevard,
2477 Union Church Road, and 2451 Union Church Road. Current Zoning: AG Agricultural
District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15.
Director Baker presented this item in conjunction with item 7D. Applicant Rick Simmons made
a presentation and answered Council's questions. Engineer Joseph Reue answered Council's
questions.
Motion was made to approve Ordinance No. 480-476a, 1St Reading (ZA07-097), Zoning Change
and Concept Plan for South Village at Watermere subject to the recommendations of the
Planning and Zoning Commission; subject to City Council's prior motion on Agenda Item No.
713; and subject to the Concept Plan Review Summary No. 1, dated August 17, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 6-1
Agenda Item No. 9A. Consider SP07-275 Variance to the Gateway Plaza Phase II (Wyndham
Plaza) Conditional Sign Permit for Michael Anthony's, located at 2750 East Southlake
Boulevard, Suite 140. Chief Planner Narayana presented this item to Council. Applicant Bill
Vern, 2233 Delante, Fort Worth, Texas, made a presentation and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 7 of 8
After discussion, Mr. Vern asked to table this item to the next meeting in order to review
suggested changes from Council.
Motion was made to table SP07-275, Variance to the Gateway Plaza Phase II (Wyndham Plaza)
Conditional Sign Permit for Michael Anthony's, located at 2750 East Southlake Boulevard, Suite
140, to the September 18, 2007, City Council meeting.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. Approve a Residential Developer Agreement for SaddleBack Ridge
located northwest of the intersection of North White Chapel Road and East Bob Jones Road.
Director Price presented this item to Council. Applicant Tom Lahoda made a presentation and
answered Council's questions. Jay Reising from Adams Engineering, 500 Nolen Drive,
Southlake, Texas, answered Council's questions. Council discussed this request.
Motion was made to approve Residential Developer Agreement for SaddleBack Ridge located
northwest of the intersection of North White Chapel Road and East Bob Jones Road reimbursing
the developer the difference in the cost of an 8-inch line and a 12-inch line in an amount not to
exceed $17,360; allowing 50% of the $58,820 for off-site street improvements; allowing $1,500
for the lift station upgrade; and denying the request for the panel enclosure.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:04 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
ATTEST:
0 `gV61k+a:f F3r Adt
X
OI~i
•m
A,-a-
Lori Payne °
City Secretary r" :Y
~E~~ `ktl4&!8&11~~i
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 4, 2007
Page 8 of 8